Sir: I have carefully examined the memorial of Abel S.
Dungan, and the accompanying documents, (which are
herewith returned;) and I have now the honor to state to
you such reflections as have occurred to me on the perusal.

A variety of considerations seem to me to render it inexpedient,
generally, to interpose the pardoning power previously
to trial. It is not denied, however, that cases may
exist in which such an interposition would be proper; and
it is admitted that the case presented, on the evidence furnished
by the memorialist, is a strong one. The application
seems to me, however, to be premature; for the reasons
which I will proceed to state.

At the May term of the circuit court of the United States
for the district of Maryland, in the current year, an indictment
was found against the memorialist for murder, on
the testimony of three witnesses. The next session of that
court will be held in December; and, alleging that he cannot
safely proceed to trial in the absence of witnesses
whom he states to be important, and that the United States
will probably be unprepared for trial from a similar cause,
the memorialist asks from the President, in consideration
of the difficulty of obtaining a trial at any certain time, that
he will examine the evidence submitted, and grant a nolle
prosequi. As a further inducement to this, he alleges that
the absent witnesses are seafaring men, whose return is
uncertain; and that he is himself prevented by the pendency
of this prosecution from embarking on any voyage,
and thereby from earning a subsistence for his family.

These suggestions will be entitled to consideration, if, at
the next term of the court, a trial cannot be had, but, as
that will speedily occur, it seems to me that it would be
improper, by any previous interposition of the pardoning
power, to anticipate the state of things which may then
exist. In the mean time, I would respectfully recommend
that the memorial and accompanying documents be laid
before the district attorney of Maryland, and that he be
instructed to communicate any information in his possession
relating to this case, which may, in his opinion, be
assistant to the Executive of the United States in deciding
on this application.